The purchase of a house under construction in Spain does not imply special difficulties if you are advised by a lawyer during the whole process.
There have been hard years in which there was no control over the respect of the buyers’ rights by the sellers, but this situation has changed in such a way that nowadays it is more difficult to have problems with the purchase of a first-hand house provided that you always have the advice of an expert lawyer.
The purchase of a first-hand house under construction will require the seller to guarantee the advanced amounts and this is a legal duty so that no bank will consent to avoid this requirement, because then the liable part will be the bank.
Guarantees or insurances are intended to assure the buyer that if the house is not ready for the agreed deadline, he will be entitled to terminate the contract with the return of his money. This is already a reality.
When signing the contract for a property under construction, special care must be taken in setting the deadline or date of finishing the house and especially in the drafting of this clause as it can generate many problems.
It will be a requirement of first order to establish in the contract that the house has the first occupancy license (licencia de primera ocupación) before its delivery to the buyer and signature of the deed.
The existence of a sure and certain deadline for finishing the house, unambiguous and unconditioned, is essential for the rights of the buyer, as well as requiring the first occupancy license, which will allow the property to officially have water and electricity supplies.
Needless to say, it will be also essential to condition the rest of the purchase payment to the moment of signing the deed, since it always has to be done together with the delivery of the keys and the aforementioned first occupancy licence, as it is advisable.
It will be also necessary to request the building permit or building authorization or the establishment of a deadline for its accreditation.
Finally it must be proved in the contract the developer’s condition of owner of the land and a copy of a summary of the technical conditions and equipment of the house must be provided.
Once these requirements are met, you will have a calm investment, but do not forget to always consult a lawyer and have the proper advice for your investment, so that you use his services from the beginning, before signing any document and until the end, which is the registration of the purchase deed in the Property Register.
One last but not least important piece of advice is that people are used to pay something in advance, but you must not pay any money or sign any document before the previous review of a lawyer.
Please, pay attention to us, this can save you from many problems because sellers often use agreements and conditions whose scope is not understandable by the buyer and that can later condition you during the whole purchase.
Our law firm has been providing real estate counseling services for many years. The high number of lawsuits against developers, real estate agencies, private sellers, etc. has been so important that our team of lawyers has become expert in resolving all the incidents that may occur since the signing of a purchase contract.
This experience is what helps us when it comes to reviewing the contracts and requiring the inclusion of those clauses that we have proved over the years that guarantee a safe investment in Spain for the buyer.
Please, do not hesitate to call us and request an estimate of costs. Call us at 0034 965921853 or send us your enquiry clicking here, we will immediately answer you.